PART 6Liability and Compensation for Pollution (continued)

DIVISION 3General Provisions (continued)

Registration of Foreign Judgments (continued)

Marginal note:Application for stay of execution

89(1) At any time after a foreign judgment is registered under section 82, the judgment debtor may apply to the Admiralty Court, in accordance with its rules, to have the execution of the registered judgment stayed on the grounds that an application to set aside the registration has been made under subsection 88(1), and, if that Court is satisfied that the application has been made, it may stay the execution of the judgment either absolutely or for the period and on the terms and conditions that it considers appropriate and may, on further evidence, vary or terminate a stay of execution.

Marginal note:Grounds exclusive

(2) Execution of a registered judgment may only be stayed on the grounds that an application to set aside the registration has been made under subsection 88(1).

Regulations

(a) imposing a fee for the issuance of a certificate under section 56 or 74;

(b) respecting conditions under which certif-icates may be issued, refused or revoked for the purposes of subsections 56(2) to (4);

(c) respecting the form and content of the notice to be given under subsection 54(1);

(d) extending the application of the Bunkers Convention, within the meaning of subsection 47(1), to ships or classes of ships excluded from the application of that Convention and specifying the terms and conditions that are applicable to those ships or classes of ships under Article 4 of that Convention;

(e) providing that Article 7 of the Bunkers Convention, within the meaning of subsection 47(1), does not apply to ships or classes of ships operating exclusively within the area referred to in Article 2(a)(i) of that Convention;

(f) governing the performance of the functions of a person designated under subsection 74(2);

(g) respecting conditions under which certif-icates may be issued, refused or revoked for the purposes of subsections 74(3) to (5); and

(h) generally for carrying out the purposes and provisions of this Part.

PART 7Ship-source Oil Pollution Fund

Interpretation

discharge, in relation to oil, means a discharge of oil that directly or indirectly results in the oil entering the water, and includes spilling, leaking, pumping, pouring, emitting, emptying, throwing and dumping. (rejet)

in bulk

in bulk means in a hold or tank that is part of a ship’s structure, without any intermediate form of containment. (en vrac)

oil

oil means oil of any kind or in any form and includes petroleum, fuel oil, sludge, oil refuse and oil mixed with wastes but does not include dredged spoil. (hydro­carbures)

oil pollution damage

oil pollution damage, in relation to a ship, means loss or damage outside the ship caused by contamination resulting from the discharge of oil from the ship. (dommages dus à la pollution par les hydrocarbures)

owner

owner

(a) in relation to a ship subject to the Civil Liability Convention, has the same meaning as in Article I of that Convention;

(b) in relation to a ship subject to the Bunkers Convention, has the same meaning as the definition Shipowner in Article 1 of that Convention; and

(c) in relation to any other ship, means the person who has for the time being, either by law or by contract, the rights of the owner of the ship with respect to its possession and use. (propriétaire)

receiver

receiver means a receiver as defined in paragraph 4(a) of Article 1 of the Hazardous and Noxious Substances Convention. (réceptionnaire)

ship

ship means any vessel or craft designed, used or capable of being used solely or partly for navigation, without regard to its method of propulsion or lack of propulsion, and includes

(a) a ship in the process of construction from the time that it is capable of floating; and

(b) a ship that has been stranded, wrecked or sunk and any part of a ship that has broken up. (navire)

significant incident means a discharge of oil that, due to its severity, size or location and to its impact — actual or potential — on the environment, requires extraordinary resources to respond to it. (événement significatif)

(3) The following shall be charged to the Ship-source Oil Pollution Fund:

(a) an amount equal to every amount required to repay, in accordance with any terms and conditions specified by the Minister of Finance, an amount charged to the Consolidated Revenue Fund under section 93.1;

(a.1) all amounts that are directed to be paid under paragraph 106(3)(a), subsection 106.3(4), paragraph 108(1)(a), subsection 108(6) or section 117 or under a settlement;

(a.2) all amounts that are charged to the Ship-source Oil Pollution Fund under subsection 110(1) or (2);

(b) all amounts for which the Administrator is liable under subsection 117.2(4);

93 The Minister of Finance shall, at the times that the Governor in Council directs, credit to the Ship-source Oil Pollution Fund interest at a rate fixed by the Governor in Council on the balance from time to time of that Fund.